Carter v. 1657593 Ontario Inc.,

JurisdictionOntario
JudgeLaskin, Pardu and Roberts, JJ.A.
CourtCourt of Appeal (Ontario)
Citation2015 ONCA 823,[2015] O.A.C. Uned. 815,[2015] O.A.C. Uned. 815 (CA)
Date24 November 2015

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8 practice notes
  • Court Of Appeal Summaries (October 31, 2022 ' November 4, 2022)
    • Canada
    • Mondaq Canada
    • November 8, 2022
    ...Corp., 2008 ONCA 846, Neilipovitz v. ICI Paints (Canada) Inc. (2002), 27 C.C.E.L. (3d) 256 (Ont. S.C.), Carter v. 1657593 Ontario Inc., 2015 ONCA 823, Forshaw v. Aluminex Extrusions Ltd. (1989), 39 B.C.L.R. (2d) 140 (C.A.), Rowe v. General Electric Canada Inc. (1994), 8 C.C.E.L. (2d) 95 (On......
  • Ontario Court Of Appeal Summaries (May 27 – 31, 2019)
    • Canada
    • Mondaq Canada
    • June 17, 2019
    ...Wrongful Dismissal, Damages, Calculation, Mitigation, Red Deer College v. Michaels, [1976] 2 SCR 324, Carter v. 1657593 Ontario Inc., 2015 ONCA 823, Employment Standards Act, 2000, S.O. 2000, C.41, Paquette v. TeraGo Networks Inc., 2016 ONCA 618, Waterman v. IBM Canada Ltd., 2013 SCC 70 Dru......
  • Milwid v. IBM Canada Ltd.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • January 26, 2023
    ...to the position held at the time of dismissal: Lake v. La Presse, 2022 ONCA 742, at para. 19; Carter v. 1657593 Ontario Inc., 2015 ONCA 823, at para. 6.  There is no obligation on a terminated employee to seek out less remunerative work: see [116]       On......
  • Wilds v 1959612 Ontario Inc.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • June 14, 2024
    ...Union No. 31, 2008 SCC 20 at para. 30, Dussault v. Imperial Oil Limited, 2019 ONCA 448 at para. 5 and Carter v. 1657593 Ontario Inc., 2015 ONCA 823 at para. 104 Employment insurance benefits are not deducted from wrongful dismissal damages: see Jack Cewe Ltd. v. Jorgenson, [1980] 1 S.C.R. 8......
  • Get Started for Free
4 cases
  • Milwid v. IBM Canada Ltd.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • January 26, 2023
    ...to the position held at the time of dismissal: Lake v. La Presse, 2022 ONCA 742, at para. 19; Carter v. 1657593 Ontario Inc., 2015 ONCA 823, at para. 6.  There is no obligation on a terminated employee to seek out less remunerative work: see [116]       On......
  • Wilds v 1959612 Ontario Inc.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • June 14, 2024
    ...Union No. 31, 2008 SCC 20 at para. 30, Dussault v. Imperial Oil Limited, 2019 ONCA 448 at para. 5 and Carter v. 1657593 Ontario Inc., 2015 ONCA 823 at para. 104 Employment insurance benefits are not deducted from wrongful dismissal damages: see Jack Cewe Ltd. v. Jorgenson, [1980] 1 S.C.R. 8......
  • Lake v. La Presse,
    • Canada
    • Court of Appeal (Ontario)
    • October 31, 2022
    ...that is comparable in status, hours and remuneration to the position held at the time of dismissal: Carter v. 1657593 Ontario Inc., 2015 ONCA 823, at para. 6. There was no obligation for the appellant, to seek out less remunerative work, including by working as a sales [20]   ......
  • Hickey v. Christie & Walther Communications Limited,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 25, 2020
    ...the employment must be similar in terms of status, hours and remuneration [See Carter v. 1657593 Ontario Inc. (The Olde Angel Inn), 2015 ONCA 823 at para 6]. [63]      The recent Ontario Court of Appeal decision of Dussault v. Imperial Oil 2019 ONCA 448 at para 8 [D......
4 firm's commentaries
  • Court Of Appeal Summaries (October 31, 2022 ' November 4, 2022)
    • Canada
    • Mondaq Canada
    • November 8, 2022
    ...Corp., 2008 ONCA 846, Neilipovitz v. ICI Paints (Canada) Inc. (2002), 27 C.C.E.L. (3d) 256 (Ont. S.C.), Carter v. 1657593 Ontario Inc., 2015 ONCA 823, Forshaw v. Aluminex Extrusions Ltd. (1989), 39 B.C.L.R. (2d) 140 (C.A.), Rowe v. General Electric Canada Inc. (1994), 8 C.C.E.L. (2d) 95 (On......
  • Ontario Court Of Appeal Summaries (May 27 – 31, 2019)
    • Canada
    • Mondaq Canada
    • June 17, 2019
    ...Wrongful Dismissal, Damages, Calculation, Mitigation, Red Deer College v. Michaels, [1976] 2 SCR 324, Carter v. 1657593 Ontario Inc., 2015 ONCA 823, Employment Standards Act, 2000, S.O. 2000, C.41, Paquette v. TeraGo Networks Inc., 2016 ONCA 618, Waterman v. IBM Canada Ltd., 2013 SCC 70 Dru......
  • Court Of Appeal Summaries (November 23-27)
    • Canada
    • Mondaq Canada
    • December 2, 2015
    ...Service, Disclosure, Unfairness to Self-Represented Litigant, Costs Appeal Adjourned Carter v. 1657593 Ontario Inc. (The Olde Angel Inn), 2015 ONCA 823 (Endorsement) [Laskin, Pardu and Roberts JJ.A] Counsel: D. House, for the appellant A. Stewart, for the appellant B. Troup, for the respond......
  • Do You Have To Accept A Lesser Position After Being Terminated?
    • Canada
    • Mondaq Canada
    • November 25, 2022
    ...the employee was entitled to damages for the full eight-month notice period. Following the decision in Carter v. 1657593 Ontario Inc. 2015 ONCA 823, the court held that the obligation of a terminated employee to mitigate their damages is to seek "comparable employment," which typically is e......